Law Offices of Gary Martin Hays & Associates
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Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Commentary
By Ryen Lim | November 14, 2022
States are divided as to whether these stocks, vested or unvested, constitute wages. While federal law prohibits employers from improperly withholding employee wages, it does not protect equity compensation.
The Legal Intelligencer | Commentary
By Rudolph J. Di Massa Jr. and Malcolm Bates | November 10, 2022
In In re Norrenberns Foods, Case No. 21-30825, (Bankr. S.D. Ill. July 8, 2022), the U.S. Bankruptcy Court for the Southern District of Illinois had occasion to rule on a creditor's objection to the sale of a debtor's assets.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | November 9, 2022
The distinction between legal and equitable fraud is not always clearly drawn, yet subject matter jurisdiction in the Delaware Court of Chancery can depend on it.
National Law Journal | Commentary
By Michael Ward, Matthew Baker and Julia Wu | November 7, 2022
In the case of data breaches, the obligation to disclose may well be clearly defined by statute. Any company under active investigation for a data breach should carefully consider its obligation to disclose additional security incidents to regulators.
Delaware Business Court Insider | Commentary
By Matthew J. Rifino | November 2, 2022
In Samuels v. CCUR Holdings, C.A. No. 2021-0358-PAF (Del. Ch. May 31, 2022), the Delaware Court of Chancery found that a shareholder may challenge the fair value of a payment for a fractional interest in a company under Section 155(2) of the Delaware General Corporation Law (DGCL).
The Legal Intelligencer | Commentary
By Francis J. Lawall and Kenneth A. Listwak | October 27, 2022
In Windstream, the U.S. District Court for the Southern District of New York, on appeal, found that while certain business practices—a potentially false targeted advertising campaign—may be illegal, it did not follow that such actions were necessarily an attempt to exercise control of estate property.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | October 26, 2022
In CompoSecure v. CardUX, 206 A.3d 808 (Del. 2018), the Delaware Supreme Court held that when parties use the word "void" to describe the consequences of a noncompliant act under an LLC agreement, the act is deemed void ab initio, which as a practical matter, means the act is incurably void.
Delaware Business Court Insider | Commentary
By Sean M. Brennecke | October 19, 2022
Vice Chancellor Lori Will's recent post-trial decision in Avgiris Brothers v. Bouikidis is a useful reminder of the benefits of a well-drafted LLC agreement and reaffirmed two bedrock principles of Delaware alternative entity and contract law—parties are given wide latitude to order their affairs through a LLC agreement and that Delaware courts will strictly construe the language of those agreements.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | October 12, 2022
In Protech Minerals v. Dugout Team, No. 288, 2021, 2022 WL 4004606 (Del. Sept. 2, 2022), the Delaware Supreme Court affirmed that trust distributions are personal property subject to garnishment. The court declined to consider whether the result would be different if the trust were a spendthrift trust.
Delaware Business Court Insider | Commentary
By Philip D. Amoa and Travis J. Ferguson | October 5, 2022
Unless specifically authorized by Delaware's General Corporate Law (DGCL), the contents of a corporation's charter do not displace directors' fiduciary obligations or override the court's "enhanced scrutiny" review for transactions implicating shareholders' sacrosanct voting rights.
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CORE RESPONSIBILITIES AND TASKS:(1) Tasks and responsibilities include:Reviewing and negotiating commercial agreements for internal business...
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